Roger Rogerson and Glen McNamara, who are accused of the shooting murder of Jamie Gao, are set to face trial on August 18.
The crown alleges Rogerson and McNamara killed Gao at a storage shed in Padstow in Sydney's southwest on May 20.
Six days later his body was found floating in the ocean off Cronulla.
Both men have pleaded not guilty to murder and to supplying drugs.
Rogerson has also pleaded not guilty to the alternative charge of being an accessory.
On the second day of the Supreme Court trial in Sydney on Tuesday Justice Geoffrey Bellew told the 15-person jury that it was with "some regret that I make an order to discharge you" based on legal reasons.
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